Everyone knows that Donald Trump can’t be trusted on abortion policy (or many other things). But his particular lies on abortion are worth noting, as I explained at New York.
There is no exercise more exhausting and probably futile than examining a Donald Trump speech or social-media post for lies, half-truths, and incoherent self-contradictions. But it’s important on occasion to highlight some very big whoppers he tells that are central to his political strategy. It’s well known that Trump’s own position on abortion policy has wandered all over the map, and it’s plausible to suggest his approach is entirely transactional. Now that he’s staked out a “states’ rights” position on abortion that is designed to take a losing issue off the table in the 2024 presidential election, he’s telling two very specific lies to justify his latest flip-flop.
The first is his now-routine claim that “both sides” and even “legal scholars on both sides” of the abortion debate “agreed” that Roe v. Wade needed to be reversed, leaving abortion policy up to the states:
This claim was the centerpiece of Trump’s April 9 statement setting out his position on abortion for the 2024 general election, as CNN noted:
“In a video statement on abortion policy he posted on social media Monday, Trump said: ‘I was proudly the person responsible for the ending of something that all legal scholars, both sides, wanted and, in fact, demanded be ended: Roe v. Wade. They wanted it ended.’ Later in his statement, Trump said that since ‘we have abortion where everybody wanted it from a legal standpoint,’ states are free to determine their own abortion laws.”
This is clearly and demonstrably false. The three “legal experts” on the Supreme Court who passionately dissented from the decision to reverse Roe are just the tip of the iceberg of anguish over the defiance of precedent and ideological reasoning underlying Justice Samuel Alito in the majority opinion in Dobbs v. Jackson Women’s Health Organization. The Society of American Law Teachers immediately and definitively issued a “condemnation” of the Dobbs decision. When the case was being argued before the Supreme Court, the American Bar Association filed an amicus brief arguing the constitutional doctrine of stare decisis required that Roe be left in place. None of these views were novel. Back in 1989 when an earlier threat to abortion rights had emerged, 885 law professors signed onto a brief defending Roe.
Sure, there was a tiny minority of “pro-choice, anti-Roe” liberals over the years who claimed resentment of the power of the unelected judges who decided Roe would eventually threaten abortion rights (not as much, it turns out, as the unelected judges that decided Dobbs). And yes, there have always been progressive critics (notably Justice Ruth Bader Ginsburg) of the particular reasoning in the original Roe decision, but by no means have any of them (particularly Ginsburg) favored abandoning the federal constitutional right to abortion even if they supported a different constitutional basis for that right. So Trump’s claim is grossly nonfactual and is indeed not one that any self-respecting conservative fan of Dobbs would ever make.
The second big lie that Trump has formulated to defend his latest states’-rights position is that he’s just supporting the age-old Republican stance on the subject, as he has just asserted at Truth Social:
“Sending this Issue back to the States was the Policy of the Republican Party and Conservatives for over 50 years, due to States’ Rights and 10th Amendment, and only happened because of the Justices I proudly Nominated and got Confirmed.”
Yes, of course a growing majority of Republicans have favored reversal of Roe as a way station to a nationwide ban on abortion, but not as an end in itself. The GOP first came out for a federal constitutional amendment to ban abortion from sea to shining sea in its 1980 party platform, and every single Republican presidential nominee since then has backed the idea. There have been disagreements as to whether such a constitutional amendment should include exceptions for pregnancies caused by rape or incest. But the last GOP presidential nominee to share Trump’s position that the states should be the final arbiter of abortion policy was Gerald R. Ford in 1976, as the New York Times reported at the time:
“[Ford] said that as President he must enforce the 1973 Supreme Court ruling that forbids states to ban abortions. But he has come out in favor of a constitutional amendment that would overturn that ruling and return to the states the option of drawing up their own abortion laws.”
Ronald Reagan, who challenged Ford’s nomination in 1976 and was already a proponent of a “pro-life” constitutional amendment, and the GOP formally adopted that position in 1980; four years later, it adopted its long-standing proposal that by constitutional amendment or by a judicial ruling the protection of fetal life under the 14th Amendment should be recognized and imposed on the country regardless of what states wanted. Anti-abortion leader Marjorie Dannenfelser noted this well-known history in a not-so-subtle rebuke to Trump’s revisionist history, as NBC News reported:
“’Since 1984, the GOP platform has affirmed that 14th Amendment protections apply to unborn babies and endorsed congressional action to clarify this fact through legislation,’ Marjorie Dannenfelser, the president of Susan B. Anthony Pro-Life America, said in a statement to NBC News. ‘Republicans led the charge to outlaw barbaric partial-birth abortions federally, and both chambers have voted multiple times to limit painful late-term abortion. The Senate voted on this most recently in 2020. In January 2023, House Republicans also voted to protect infants born alive during an abortion.’”
It’s pretty clear that anti-abortion activists know Trump is lying about both Roe v. Wade and the GOP tradition and will support him anyway. But the rest of us should take due notice that the once and perhaps future president’s word on this subject, including his current pledge to leave abortion policy to the states, cannot be trusted for even a moment. Absent the abolition of the Senate filibuster (which, lest we forget, Trump backed as president out of impatience with the Senate’s refusal to bend the knee to his every demand), there isn’t going to be a complete federal ban on abortion in the foreseeable future. But Trump can be counted on to use the powers of the presidency to make life miserable for women needing abortion services, among the many “enemies of the people” he wants to punish.
For Democrats there is no path for a Senate victory in 2022 either if things continue as they have.
Biden must go full economic populist from day one:
1. Wages. Bring up a vote on raising the minimum wage, but also establish a new framework for minimum wages in the United States. We need a clear differentiation between regions and inside regions between urban, suburban and rural areas. Bring up the minimum wage for professionals, administrators and executives too.
2. Place based development. Good jobs are concentrating in only a few neighborhoods in a few cities. The federal government must require corporations, starting with federal contractors, to spread jobs so that the working class, both white and non-white, has access to good quality jobs.
3. Follow up on executive action on prescription drugs.
4. Marihuana decriminalization, both legislative and executive-regulatory.
5. Instruct the Department of Justice to continue and expand anti-trust actions in the information technology sector.
6. Instruct the Department of Justice to begin anti-trust actions in the agriculture sector. Expand subsidies to agriculture as a consequence of trade wars, but require more production for domestic consumption.
Biden must also move to the right or center right on several issues:
1. Funding the Police. Get the Party behind a unified legislative and fiscal position that is easy to explain. Make sure this position can be implemented quickly everywhere from the biggest and most diverse cities to the smallest villages that Democrats control. Convince the most radical Democrats that this is the best position to have. Democrats can’t continue with the current messaging cacophony.
2. China. Keep Trump’s framework. Actually, pledge to deepen the decoupling.
3. Support national voter id and other changes to address even the slightest possibility of voter fraud.
4. Authoritarianism in Latin America. As foreign policy is within the President’s primary jurisdiction, develop a policy on how to deal with Nicaragua, Venezuela and Cuba, as well as Brazil, that puts the primary focus on human rights and democracy. Go beyond platitudes and appoint someone with an exclusive focus on this. Reject incrementalism in sanctions (either putting them in place or lifting them) though, it doesn’t work.
5. Immigration. Allow moderate immigrant groups to shape the Party’s position. This will inevitably lead to focus on comprehensive reform and a rejection of open borders. The Party should repudiate the concept of sanctuaries. The Party wouldn’t tolerate sanctuaries for racism, so why support sanctuaries where the law is not applied evenly. Defunding sanctuary cities should be contingent on passing comprehensive reform.
6. Israel, Iran, Palestine, Yemen, Saudi Arabia, Syria, Turkey and the Middle East and East Mediterranean. Keep Trump’s policy objectives. Biden’s original idea of partioning Irak shows he understands that final solutions are important. On Iran the point is basically about making it a better regional actor. No simple return to the previous nuclear framework. On the Middle East Peace Process the pressure needs to be kept up on Palestinians and repudiation of boycott movements against Israel. Palestinians should be both pressured and allowed to hold elections so that they can appoint a legitimate peace negotiator with Israel, which is what has been missing for more than a decade. Lebanon may also be about to flip. Saudi Arabia’s modernization needs to be supported, so no place for sanctions there. The Yemeni peace process is important but secondary to other objectives. The Syrian, Libyan and Iraq stabilization are more important and require real geopolitical vision. The US needs to intervene more on the Cyprus and Greek Aegean conflicts, so that Turkey can be at least partially appeased. The Armenians and Kurds problems need to receive more US attention with the US pressuring both to compromise in relation to their territorial ambitions.
7. Military spending, more and better.
8. Global warming. Push other countries to make more efforts. Continue supporting natural gas at home and its use abroad. Get other countries to stop using coal. Focus at home and abroad on electric cars. Develop a framework for a carbon tax at the border on imported goods just like the European Union is considering.
9. Crack down on higher education cost inflation.
The reason so many Democrats are mad as hell is because not only did the party underperform, but the polls we rely on for deciding things in primaries would also probably be wrong.
Late deciders once again broke for Trump though.
In the most fundamental way this election was an “its the economy, stupid” vote.
Losing with the white moderates in Maine. Losing with the white populists in Montana. Where are the Senate pickups we were promised?
Arizona already went through decades of Trumpism, just like California before it. Doesn’t mean the model is replicable in states with less Hispanic immigration or with immigration from Hispanics from Puerto Rico, Cuba, Venezuela, Colombia, etc.
Trump has done well even with Libertarians running pretty good in many states. Meanwhile the Green vote collapsed.
Democrats ran on covid and demeanor. Republicans ran against political correctness and on the economy.
The people who came out for Trump voted because they liked him.
The Democrats who came out again for Biden (many after not voting in 2016) voted for a diversity of reasons. The few Republicans who voted for Biden did it to stop Trump.
The Republican party is the minority party yet is more structurally strong now than in 2016. They have a clear path forward with America First and opposing all the myriad manifestations of toxic wokeness. Their path is clear as in Europe.
Gays will continue voting for Trump. Trump was bad on transgender rights but neutral on gay rights. Transgender rights are stuck because they are choosing the wrong framework to push for an incoherent agenda. More equal protection under the law and less culture wars on pronouns. The bathroom thing is unenforceable and easy to mock but transgender leadership is choosing moralizing.
The left is not anywhere near ascendant in the US.
30% of Puerto Rican in Florida voted for Trump, for example.
Florida voted to raise the minimum wage and to enfranchise ex convicts. It also reelected its Republican Governor, elected a Republican Senator and twice voted for Trump. Floridians who are moderate must have buyers’ remorse with their experience with Gillum. But the state is not reactionary or conservative.
If I was in Florida looking at how California closed Disneyland and Universal Studios taking away the livelihoods of all those Hispanic service workers and still having an epidemic and then considered that Democrats would also close Disney World and Universal Studios Orlando if voters let them I would have to balance competing ethical interests. When it comes to covid old people are voting out of self interest. It doesn’t mean their ethics are superior, as we see in all the other ways they vote.
2018 was overshadowed in 2020 by moralizing about masks and ambiguity over cultural issues.
Is it progress that in order to have the Squad speaking about things that will never become legislation we have to lose seats that are key to getting anything at all done? Loses in congressional and state legislative seats, including in New York, will soon tell us.
If Biden wins and loses the Senate it will be a good reminder that the Electoral College is not the only constitutional problem. Democrats had no ideas beyond filibuster reform (which would be moot) and ludicrous ideas about DC and PR as states.
Encouraging mail vote turned out to be an incredibly flawed strategy when it comes to perception. Even early voting in places like New York that don’t do an early count was a bit stupid.
Neither the Democratic party nor the left have paths forward.
1. The white suburban route requires moving a lot more to the cultural center and that wouldn’t pay dividends for a while.
2. A white working class route would be even more uphill as it would pit the suburban fiscal moderates against the working class populists.
3. The Bernie strategy of turning out disenchanted progressives has been twice disproven.
4. The identity politics BLM agenda doesn’t even have the support of many Black elected officials and is stuck even in the Bluest of cities, yet is incredibly divisive at the national level and in most key battlegrounds.
Black Democratic partisans made Biden the nominee. Dettached Black voters are another thing.
I suspect that the strategies of neither Biden nor Bernie would have worked.
The presumption that covid would only work against Trump I think was misguided. Covid also worked in his favor as people want to get back to work. The media fear mongering over covid may have backfired.
The Black, Hispanic and White working class male vote (including the gay vote) may have tipped further enough towards Trump to make the Republican party even more hegemonic in most of the states of USA.
Democrats’ historic mishandling of deindustrialization and China, silence over authoritarianism in Latin America and the ambiguity over defunding police all contribute to pushing at the margins just enough against Democrats.